McFarland v Jail Administrator Shane Davis et al
Jeremy McFarland |
Jail Administrator Shane Davis, Sergeant Mercedes Anderson and Dr. Darrell Elkins |
2:2023cv02046 |
March 31, 2023 |
U.S. District Court for the Western District of Arkansas |
Mark E Ford |
P K Holmes |
Prisoner Petitions - Prison Conditions |
42 U.S.C. ยง 1983 Prisoner Civil Rights |
None |
Docket Report
This docket was last retrieved on May 31, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 12 Mail Returned as Undeliverable marked Cummins. Mail originally sent to Jeremy McFarland at ADC Ouchita River Unit PO Box 1630 Malvern, AR. 72104 including #11 Report and Recommendations. Resent to Cummins. (jlm) |
Filing 11 REPORT AND RECOMMENDATIONS re #1 Complaint Referred (42:1983) filed by Jeremy McFarland. Objections to R&R due by 5/26/2023. Signed by Honorable Mark E. Ford on May 9, 2023. (jlm) |
Filing 10 TEXT ONLY SHOW CAUSE ORDER - FAILURE TO OBEY ORDER. The Court entered an Order directing Plaintiff to File an Amended Complaint -- signed and dated -- by April 14, 2023. This Order was not returned as undeliverable. Plaintiff did not respond. Plaintiff is given 21 days to show cause why he failed to obey the Order of the Court. If Plaintiff fails to respond by the deadline, this case shall be subject to dismissal. Show Cause Response due by 5/8/2023. Signed by Honorable Mark E. Ford on April 17, 2023. (ksb) |
Filing 9 NOTICE of Change of Address for Jeremy McFarland. There are no documents to resend. (jlm) |
Filing 8 TEXT ONLY ORDER denying #7 Motion to Appoint Counsel. A civil litigant does not have a constitutional or statutory right to appointed counsel in a civil action, but the Court may appoint counsel at its discretion. 28 U.S.C. 1915(e)(1). The Court has considered the need for an attorney, the likelihood that Plaintiff will benefit from assistance of counsel, the factual and legal complexity of the case, and whether Plaintiff has the ability to investigate and present this case. In considering these factors, the Court finds that the claims do not appear legally or factually complex, and Plaintiff is adequately prosecuting this case at this time. The Court finds Plaintiff is capable of prosecuting his claims without appointed counsel. The Court has directed Plaintiff to submit a signed and dated Complaint by April 14, 2023. (ECF No. 6). The Court finds that appointment of counsel is not necessary for Plaintiff to comply with this Order. At a later stage in the case, Plaintiff may again request appointment of counsel if Plaintiff believes the circumstances justify such an appointment Signed by Honorable Mark E. Ford on April 12, 2023.(ksb) |
Filing 7 MOTION to Appoint Counsel by Jeremy McFarland. Motions referred to Mark E. Ford.(jlm) |
Filing 6 TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. The Federal Rules of Civil Procedure require pleadings to be signed and dated by a party or the attorney representing that party. Pursuant to Rule 11: [t]he court must strike an unsigned paper unless the omission is promptly corrected after being called to the attention of an attorney or party. Accordingly, the Clerk is DIRECTED to return a copy of the Complaint to the Plaintiff for his signature. Plaintiff is DIRECTED to sign and date the complaint and return it to the Court within 14 days from the entry of this order. The case shall be subject to dismissal if the Plaintiff fails to return the dated and signed complaint to the Court by the deadline. CLERK TO FOLLOW UP Amended Complaint due by 4/14/2023. Signed by Honorable Mark E. Ford on March 31, 2023. (klk) |
Filing 5 Magistrate Notice/Consent Form (tmc) |
Filing 4 CLERK'S ORDER re PLRA Initial Fee directing Scott County Detention Center to collect from petitioner's prison account an initial partial filing fee of $10.86; thereafter to collect monthly payments from petitioner's prison account in amount equal to 20% of preceding month's income credited to account until $ 350.00 filing fee is paid in full (cc: Scott County Detention Center). (tmc) Modified on 3/31/2023 (tmc). |
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Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Jeremy McFarland. Motions referred to Mark E. Ford.(tmc) |
Filing 1 COMPLAINT REFERRED (42:1983) against Mercedes Anderson, Shane Davis, Darrell Elkins, filed by Jeremy McFarland.(tmc) |
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